Walsh v. E. G. Shinner & Co.

(after stating the facts as above). The sole question here for review is whether, under Ohio law, it is the duty of a landlord, who claims damages for breach of a lease by the tenant, to mitigate, if he can, the damages ho has sustained.

This question touches two general rules of law and an exception to one of them. The first is the familiar rule that one, when injured by breach of a contract, is bound to minimize the resulting damage, and that to the extent his damages are due to his failure to perform that duty, he cannot recover. 8 R. C. L. 442. But this rule does not uniformly apply to…